Can my employer find out about my illness?
July 8, 2022 | 50,00 EUR | answered by Piotr Gehrmann
Dear Lawyer,
My name is Theodor Tiefbach and I have been working as an office clerk in a medium-sized company for five years. Lately, I have been dealing with increasing health problems and have had to visit the doctor more often. Now I am worried about whether my employer has the right to know my medical information.
The current situation is that due to my symptoms, I am unable to handle longer working hours and therefore I have been signed off sick for a few days. My employer has already asked me about my health condition and wants to know how long I will likely be absent. However, I feel uncomfortable disclosing my medical details and wonder if my employer even has the right to request this information.
I am concerned about my privacy and potential consequences if my employer finds out about my illness. Therefore, I would like to know if my employer has the right to access my medical information and how best to handle this situation. Are there any laws that protect my privacy and how can I protect myself against this?
Thank you in advance for your help and support.
Sincerely,
Theodor Tiefbach
Dear Mr. Tiefbach,
Thank you for your inquiry regarding the disclosure of your medical information to your employer. It is understandable that you are concerned about your privacy and unsure of how to best proceed in this situation.
In general, your employer has the right to information about your illness according to data protection laws (especially the General Data Protection Regulation, GDPR), but only to a limited extent. The employer may only request information that is relevant to the performance of the employment relationship. This may include details such as how long you are expected to be absent and whether there are any limitations in carrying out your duties.
However, you are not obligated to provide your employer with detailed information about your illness. You have the right to informational self-determination and can decide for yourself which information you wish to disclose. It is usually sufficient to inform your employer that you are unfit for work due to health reasons and are expected to be absent until a certain date.
To protect your privacy and safeguard yourself against possible consequences, I recommend that you obtain a written sick note from your doctor and only provide your employer with the necessary information. You can also authorize your doctor to disclose only relevant information to your employer through a confidentiality waiver.
If your employer still requests further information or if you face disadvantages due to your illness, you have the option to seek legal advice and potentially take legal action. It is important that you know your rights and seek professional assistance if in doubt.
I hope that this information has been helpful to you. If you have any further questions or need assistance, please feel free to contact me.
Sincerely,
Piotr Gehrmann
